Is THC-O Acetate Legal in North Dakota? (2026)

Instrument

N.D. Cent. Code Ch. 4.1-18.1 (Hemp) Sec. 4.1-18.1-04.3 and 04.4 - conversion prohibition and chemically-derived-cannabinoid sale ban

Source

https://ndlegis.gov/cencode/t04-1c18-1.pdf

Retrieved

2026-07-02

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4.1-18.1-04.3. Prohibited acts - Licensee.
A licensee may not:
1. Chemically modify or convert a hemp extract, or engage in any process that converts cannabidiol into delta-9, delta-8, delta-10-tetrahydrocannabinol, or other tetrahydrocannabinol isomers, analogs, or derivatives; and
2. Sell or distribute hemp or hemp commodities or products that contain chemically derived cannabinoids or were created by chemically modifying or converting a hemp extract.

4.1-18.1-04.4. Hemp commodities or products - Allowable products - Retailers.
1. A person may only sell hemp and hemp commodities or products allowed under this chapter. All hemp and hemp commodities or products must undergo testing and report in a certificate of analysis and in the product label the testing results of the total tetrahydrocannabinol concentration amount. The certificate of analysis must be made available to the commissioner upon request.
2. A person may not sell hemp, or hemp commodities or products that contain chemically derived cannabinoids or delta-8 tetrahydrocannabinol.
3. All other cannabis- or hemp-derived products that are not allowable hemp commodities or products under this chapter must be regulated in accordance with chapter 19-24.1.
4. All hemp commodities or products sold pursuant to this section must comply with all product labeling rules as mandated by the Food, Drug, and Cosmetic Act [21 U.S.C. 9 et seq.] and related administrative rules, both the Act and rules incorporated by reference.
5. Under the Food, Drug, and Cosmetic Act [21 U.S.C. 9 et seq.], incorporated by reference, non-food and drug administration approved hemp-derived products may not be sold as dietary supplements, food or beverage products, or marketed with medical claims.

Instrument

N.D.C.C. 4.1-18.1-01(4), (5); 4.1-18.1-04.4

Source

https://ndlegis.gov/cencode/t04-1c18-1.pdf

Retrieved

2026-10-07

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4.1-18.1-01(4) ["Hemp" means] "The plant cannabis sativa L. and any part of the plant, including the seeds and flowers, whether growing or not" [with a total THC concentration in an amount determined by the commissioner]. (5) ["Hemp commodity or product" means] “a product made from hemp or hemp extract,” [...] (b) [The term does not include] (2) “A chemical compound extracted from hemp used to formulate, process, or otherwise make an inhalant;”. 4.1-18.1-04.4(1) “A person may only sell hemp and hemp commodities or products allowed under this chapter.” (2) “A person may not sell hemp, or hemp commodities or products that contain chemically derived cannabinoids” [...]. (3) [Products not allowed fall under chapter 19-24.1.] [Bracketed spans summarized.]

Instrument

N.D.C.C. 4.1-18.1-01(5); 4.1-18.1-04.4

Source

https://ndlegis.gov/cencode/t04-1c18-1.pdf

Retrieved

2026-10-08

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4.1-18.1-01. Definitions. 1. “Broad spectrum” means hemp extract or hemp commodity or product containing naturally occurring hemp-derived cannabinoids, terpenes, and other naturally occurring compounds, but where tetrahydrocannabinol has been removed to nondetectable levels using a fit-for-purpose method, with a total tetrahydrocannabinol level not to exceed an amount determined by the commissioner. 2. "Chemically derived cannabinoid" means a chemical substance created by a chemical reaction that changes the molecular structure of any chemical substance derived from the plant cannabis. The term does not include cannabinoids produced by decarboxylation from a naturally occurring cannabinoid acid without the use of a chemical catalyst. 3. "Full spectrum" means hemp extract or hemp commodity or product containing naturally occurring hemp-derived cannabinoids, terpenes, and other naturally occurring compounds, processed without intentional complete removal of any compound and without the addition of isolated cannabinoids, with a total tetrahydrocannabinol level not to exceed an amount determined by the commissioner. 4. "Hemp" means the plant cannabis sativa L. and any part of the plant, including the seeds and flowers, whether growing or not, with a total tetrahydrocannabinol concentration in an amount determined by the commissioner. The term does not include hemp extract, commodity or product using hemp, or a hemp substance or product prohibited by this chapter. 5. "Hemp commodity or product" means a product made from hemp or hemp extract, including cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seeds, seed meal, and seed oil for consumption, a hemp tincture, and a hemp topical. a. The term includes: (1) Hemp processed through retting or other processing such that it is a suitable fiber for textiles, rope, paper, hempcrete, or other building or fiber materials; (2) Hemp seed processed such that it is incapable of germination and processed such that is suitable for human consumption; (3) Hemp seed pressed or otherwise processed into oil; (4) Cannabidiol, also known as CBD, products and cannabigerol, also known as CBG, including broad spectrum, full spectrum, and isolate products, with a total tetrahydrocannabinol level not to exceed an amount determined by the commissioner; and (5) A hemp commodity or product approved in writing by the agriculture commissioner. b. The term does not include: (1) Hemp that has been chopped, separated, or dried for purposes of transfer or storage; (2) A chemical compound extracted from hemp used to formulate, process, or otherwise make an inhalant; (3) A product containing delta-8 tetrahydrocannabinol, also known as delta-8 THC; (4) A product containing chemically derived cannabinoids, including: (a) Tetrahydrocannabinol acetate, also known as THC-O-Acetate and THC-O; (b) Hexahydrocannabinol, also known as HHC; and (c) Tetrahydrocannabiphorol, also known as THCP; or (5) A psychotropic hemp commodity or product disapproved in writing by the commissioner. 6. "Hemp extract" means a concentrate or extract obtained by separating cannabinoids from hemp by a mechanical, chemical, or other process. The term does not include hemp seed pressed or otherwise processed into oil. 7. "Hemp tincture" means a solution that may not exceed thirty milliliters consisting of: a. At least twenty-five percent of non-denatured alcohol, in addition to a hemp extract, and other ingredients intended for human consumption or ingestion; or b. Glycerin or plant-based oil and hemp extract, and is intended for human consumption or ingestion. 8. "Hemp topical" means a hemp commodity or product intended to be applied to the skin or hair. The maximum concentration or amount of total tetrahydrocannabinol permitted in a hemp topical is fifty milligrams per container. 9. "Isolate" means hemp extract or hemp commodity or product comprised of a single cannabinoid compound. 10. "Tetrahydrocannabinol" means delta-9 tetrahydrocannabinol and any structural, optical, or geometric isomers of tetrahydrocannabinol, including: a. Delta-7 tetrahydrocannabinol; b. Delta-8 tetrahydrocannabinol; or c. Delta-10 tetrahydrocannabinol. 11. "Total tetrahydrocannabinol" means the sum of the percentage, by weight, of tetrahydrocannabinolic acid multiplied by eight hundred seventy-seven thousandths plus the percentage of weight of tetrahydrocannabinol.

extract. 4.1-18.1-04.4. Hemp commodities or products - Allowable products - Retailers. 1. A person may only sell hemp and hemp commodities or products allowed under this chapter. All hemp and hemp commodities or products must undergo testing and report in a certificate of analysis and in the product label the testing results of the total tetrahydrocannabinol concentration amount. The certificate of analysis must be made available to the commissioner upon request. 2. A person may not sell hemp, or hemp commodities or products that contain chemically derived cannabinoids or delta-8 tetrahydrocannabinol. 3. All other cannabis- or hemp-derived products that are not allowable hemp commodities or products under this chapter must be regulated in accordance with chapter 19-24.1. 4. All hemp commodities or products sold pursuant to this section must comply with all product labeling rules as mandated by the Food, Drug, and Cosmetic Act [21 U.S.C. 9 et seq.] and related administrative rules, both the Act and rules incorporated by reference. 5. Under the Food, Drug, and Cosmetic Act [21 U.S.C. 9 et seq.], incorporated by reference, non-food and drug administration approved hemp-derived products may not be sold as dietary supplements, food or beverage products, or marketed with medical

Instrument

N.D.C.C. 4.1-18.1-01(5)(b)(2); N.D.C.C. 19-03.1-05 (Schedule I tetrahydrocannabinols)

Source

https://ndlegis.gov/cencode/t04-1c18-1.pdf

Retrieved

2026-10-07

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N.D.C.C. 4.1-18.1-01(4) "Hemp" means the plant cannabis sativa L. and any part of the plant, including the seeds and flowers, whether growing or not, with a total tetrahydrocannabinol concentration in an amount determined by the commissioner. (5) "Hemp commodity or product" means a product made from hemp or hemp extract, including cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seeds, seed meal, and seed oil for consumption, a hemp tincture, and a hemp topical. (5)(a)(4) Cannabidiol, also known as CBD, products and cannabigerol, also known as CBG, including broad spectrum, full spectrum, and isolate products, with a total tetrahydrocannabinol level not to exceed an amount determined by the commissioner; (5)(b) The term does not include: (1) Hemp that has been chopped, separated, or dried for purposes of transfer or storage; (2) A chemical compound extracted from hemp used to formulate, process, or otherwise make an inhalant; [further exclusions for delta-8 tetrahydrocannabinol and chemically derived cannabinoids including Tetrahydrocannabinol acetate, also known as THC-O-Acetate and THC-O; Hexahydrocannabinol, also known as HHC; and Tetrahydrocannabiphorol, also known as THCP]. "Total tetrahydrocannabinol" means the sum of the percentage, by weight, of tetrahydrocannabinolic acid multiplied by eight hundred seventy-seven thousandths plus the percentage of weight of tetrahydrocannabinol. The maximum concentration or amount of total tetrahydrocannabinol permitted in a hemp topical is fifty milligrams per container. 4.1-18.1-04.4: A person may not sell hemp, or hemp commodities or products that contain chemically derived cannabinoids or delta-8 tetrahydrocannabinol. N.D.C.C. 19-03.1-05 (Schedule I) hemp exclusion: Tetrahydrocannabinols do not include: (a) The allowable amount of total tetrahydrocannabinol found in hemp or an allowed hemp commodity or product as defined in chapter 4.1-18.1. N.D.C.C. 19-03.1-01 "Marijuana" exclusions include “Hemp as defined in chapter 4.1-18.1”. (Bracketed text summarized by fetch tool; quoted text as returned.)

Instrument

Controlling provision (official text)

Source

https://ndlegis.gov/cencode/t04-1c18-1.pdf

Retrieved

2026-11-01

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(3) Hemp seed pressed or otherwise processed into oil;
(4) Cannabidiol, also known as CBD, products and cannabigerol, also known as
CBG, including broad spectrum, full spectrum, and isolate products, with a
total tetrahydrocannabinol level not to exceed an amount determined by the
commissioner; and

Instrument

North Dakota hemp definitions

Source

https://ndlegis.gov/cencode/t04-1c18-1.pdf

Retrieved

2026-11-01

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5. "Hemp commodity or product" means a product made from hemp or hemp extract, including cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seeds, seed meal, and seed oil for consumption, a hemp tincture, and a hemp topical. b. The term does not include: (1) Hemp that has been chopped, separated, or dried for purposes of transfer or storage; (2) A chemical compound extracted from hemp used to formulate, process, or otherwise make an inhalant; (3) A product containing delta-8 tetrahydrocannabinol, also known as delta-8 THC; (4) A product containing chemically derived cannabinoids, including: (a) Tetrahydrocannabinol acetate, also known as THC-O-Acetate and THC-O; (b) Hexahydrocannabinol, also known as HHC; and (c) Tetrahydrocannabiphorol, also known as THCP; or (5) A psychotropic hemp commodity or product disapproved in writing by the commissioner. 10. "Tetrahydrocannabinol" means delta-9 tetrahydrocannabinol and any structural, optical, or geometric isomers of tetrahydrocannabinol, including: a. Delta-7 tetrahydrocannabinol; b. Delta-8 tetrahydrocannabinol; or c. Delta-10 tetrahydrocannabinol. 11. "Total tetrahydrocannabinol" means the sum of the percentage, by weight, of tetrahydrocannabinolic acid multiplied by eight hundred seventy-seven thousandths plus the percentage of weight of tetrahydrocannabinol. 4.1-18.1-04.4. 3. All other cannabis- or hemp-derived products that are not allowable hemp commodities or products under this chapter must be regulated in accordance with chapter 19-24.1.